The term debtors’ prison likely conjures images of 19th century workhouses filled with the poor, toiling away due to their unpaid debts. These practices, antiquated and often barbaric as they are, were commonplace in Western Europe, eventually making their way to the United States before being outlawed in the early 1800’s.

The debtors’ prison, however, is very much still in use today to punish indigent people within the U.S. criminal justice system. Much like other forms of systematic usurping of civil liberties, the debtors’ prison has merely taken on different forms, mechanisms and names.

Across the state of Texas, poorer citizens are often caught up in this modernized debtors’ prison through municipal, county or state imposed fines or bail systems. People unable to afford fines or specific bail thresholds are jailed prior to trial for the sole reason that they’re poor. Wealthier people accused of the same crime, that have the ability to afford the bail, are not subject to the same imprisonment, thus placing the deciding factor solely on one’s economic standing and creating an undue burden on poor, lower income communities. This is a clear violation of constitutional law.

In April of 2016, the Texas Civil Rights Project filed a lawsuit against the city of El Paso for jailing citizens that could not afford to pay at least 25% of their debt before having payment plan options. This policy gave many poor people only one option: jail time.

More recently in Texas, a spotlight is being shone on the unconstitutional use of the bailing system in Harris County through a statement by Sheriff-elect Ed Gonzalez. Outgoing Sheriff Ron Hickman, in addition to the county, all judges, and 5 bailing officials are the target of a lawsuit claiming the creation of a debtors’ prison system by requiring payment of an arbitrary bail amount or face jail time. Sheriff-elect Ed Gonzalez has declared the bailing system is unconstitutional and that Hickman, who is asking a district judge to be removed from the lawsuit, remain attached.

The Texas Civil Rights Project is committed to continuing the fight against unconstitutional creation of debtors’ prisons in Texas through draconian financial requirements to avoid jail time. The ability to pay arbitrary bail amounts creates an unconstitutional bailing system and puts poor and indigent citizens at risk for being imprisoned based on economic standing alone.

Williamson County, TX — Federal District Judge David Ezra ruled that Williamson County Commissioners Lisa Birkman, Cynthia Long and Valerie Covey violated the 14th Amendment when they asked Robert Lloyd questions about his opinion on abortion, same-sex marriage and religious affiliation during an interview for constable. This decision will signal to other counties that elected officials are still bound to the constitutional protections of the 14th Amendment when appointing public servants.

The judge’s ruling included a permanent injunction preventing Williamson County officials from asking questions to constable applicants regarding their views on same-sex marriage, abortion or religious affiliation.

TCRP will continue to protect the rights of everyone to engage in meaningful democratic and civic participation, and urge counties such as Williamson County, which has already spent $500,000 on the lawsuit, against using taxpayer funds to defend unconstitutional actions.

Robert Lloyd, Plaintiff in the case, said:

“I am very pleased with the outcome. I spent several years of my life involved with this litigation so that no one else would be subject to these illegal practices. On Friday, it finally paid off. I hope Judge Ezra’s ruling sends a message to Williamson County officials that they can’t impose their beliefs and values on others.”

“This decision affirms that constitutional values still apply in our state. The County Commissioners deprived Mr. Lloyd of his right to equal protection under the Fourteenth Amendment for not hiring him for expressing his beliefs.

We’re hopeful that this decision will set a precedent for all elected officials to consider the protections of the 14th Amendment when appointing public servants.”

Wayne Krause Yang, Attorney, said:

“The Williamson County Commissioners lost and Mr Lloyd finally won a victory for the people. He stood up for his rights, and the court ruled Mr. Lloyd was right in what he was saying from the beginning. From this day forward, Mr. Lloyd has made it clear that it is illegal to ask questions about religious and political beliefs – regardless of whether it is for a job or a government appointment.”

As Texas’ 85th Legislature gets underway, there is no scarcity of proposed legislation aimed at immigrants and their families. Coupled with the rhetoric of the presidential campaign, and the uncertainty surrounding what specific immigration policies the new federal administration will implement, people around the state are on heightened alert to defend everyone’s constitutional rights.

Several proposed bills have been introduced that already raise red flags for immigration advocates, and more bills are anticipated.

SB 4 is of particular note. The bill’s low number signals that it may be a priority for the Legislature, and there are a number of provisions to watch out for.

The draft bill would prohibit cities, counties and special districts from “adopt[ing], enforc[ing], or endors[ing] a policy under which the entity prohibits or discourages the enforcement of immigration laws.” It is essentially a prohibition of so-called “sanctuary cities” that would require all cities and counties to actively cooperate with immigration authorities. Only hospitals and schools would be exempted from this requirement.

The irony of proposing such a law does not escape those who have been following the DAPA litigation for the last two years. Whereas the Texas government has spent hundreds of thousands of taxpayer dollars fighting the current administration’s immigration policies, now this legislation seeks to require all subdivisions of Texas government to enforce the next administration’s immigration policies — before we even know what those might be. Texas now wants to force cities and counties to do what it has refused to do for years: Cooperate with federal immigration authorities.

SB 4 also proposes to amend the State’s Code of Criminal Procedure to allow peace officers “to enforce a federal law relating to immigrants or immigration” if the officer is acting “at the request of, or providing assistance to, an appropriate federal law enforcement officer.”

In practical terms, this could turn state and local police officers into de facto immigration agents, as the draft bill is astonishingly vague as to what “providing assistance” might mean. As many local law enforcement agents have stressed, having the community’s trust makes for more effective policing and ultimately helps protect everyone against crime. That trust enables individuals to report crimes — whether as victims or witnesses — without fear of reprisals due to their immigration status. This bill could undo the trust that has been built over the years.

Similarly, proposed HB 52 would require all law enforcement officers in the state to inquire about a person’s immigration status whenever they make a stop, search or arrest. This type of “show me your papers” legislation has been declared unconstitutional in other states, as it results in discriminate enforcement that targets people of color, especially near the border. If enacted, we can expect such a bill to be challenged in the courts.

SB 4 and HB 52 would both require local law enforcement agencies to comply with immigration “detainers,” which are requests by immigration authorities to local law enforcement agencies to not release a person from custody. Detainers have also been found to be unconstitutional in several places around the country because they tend to result in the prolonged detention of individuals without legal justification.

Other notable proposed bills include HB 328, which would make the Mexican consular ID — the matricula consular issued by Mexican consulates — an unacceptable form of ID for anyone seeking any city benefit or service. As drafted, HB 328 could, for instance, prohibit a person from using a matricula consular to purchase a public transportation ticket or connect their water service, and has no apparent constitutional rationale for such prohibition.

As with the policy that denied birth certificates to U.S. citizen children whose parents used their matricula consular to request a birth certificate, such a blanket prohibition would likely be unconstitutional, and we can expect that it would also be challenged in the courts.

There are other bills that seem to strengthen the relation between our communities and law enforcement, such as the “Call 911 without fear” bill (SB 169), which would allow law enforcement inquiries into a crime victim’s or witness’s immigration status only if necessary to investigate the reported offense, but not otherwise.

The contrast between such a bill and the “show me your papers” proposal reflects, among other things, a starkly different understanding about how best to keep our communities safe without unjustifiably targeting individuals because of their immigration status.

As these and other draft bills work their way through the committees in our Texas Legislature, constituents must hold lawmakers accountable for respecting well-established constitutional rights. Now more than ever, it behooves us, voters, to demand legislation that respects due process, abides by existing Supreme Court precedents, and is a sensible use of taxpayer dollars.

Efrén Olivares is a staff attorney with the Texas Civil Rights Project.

I was so sad this morning when I picked up my daughter from her crib. I could not stop thinking about the hateful rhetoric against “others” that has punctuated this election cycle. Immigrant families, people of color, Muslims, people with disabilities, LGBTQ folks and women have been targeted. Sadly, across Texas today, too many of us will sit down with our families and worry about the future, wondering if we still belong.

While numerous questions remain following this unprecedented election, one thing is clear: The Texas Civil Rights Project will double-down on our fight for equality, for fairness and for the other constitutional values we hold dear. Now, more than ever, we will be vigilant in protecting Texas communities, particularly those that have been marginalized.

As we step into this next chapter, we are prepared to work even harder to advance racial and economic equality, reform our broken criminal justice system and expand voting rights, working hand-in-hand with our allies across the state. Join me now, and the rest of our team, in re-committing to a movement, united together, for a better Texas.

Houston, TX — During the second half of the election day, Texas Election Protection coalition has continued to answer voter questions and concerns across the state. With a dedicated call center in Harris County, the coalition has trained over 100 legal and field volunteers who are ready to respond to any issues voters may face.

Since 7:00 AM today, over 2,500 calls and email reports have been made to the Election Protection hotline and partners. The majority of these calls concerned questions regarding registration status and polling locations. In some cases, however, voters reported instances of inaccurate voter ID information; long lines, machine malfunctions, and reports of intimidation.

Sample of reported information this afternoon:

Harris County

A man was handcuffed in Spring, Texas after he crossed the 100-foot “no campaigning” line. He was armed and had a sign that read “Faggots Vote Democrat.”

Last minute changes to polling locations left many voters confused. Polling sites at the Iglesia Episcopal , Cypress Falls High School, HCC Northeast North Forest Campus, CE King Middle School, and North Belt Elementary were moved and had minimal information for voters.

In each of these instances, Election Protection alerted the appropriate election officials and provided a coordinated response to ensure ballots were cast and problems were remedied.

During voting, the Election Protection coalition is encouraging voters to call the toll-free English language hotline, 866-OUR-VOTE. Additionally, Spanish-speaking voters may seek bilingual assistance through the 888-VE-Y-VOTA hotline and Mandarin, Cantonese, Korean, Vietnamese, Tagalog, Urdu, Hindi, and Bengali speakers can use the 888-API-VOTE number.

Election Protection is the nation’s largest nonpartisan voter protection coalition, led by the Lawyers’ Committee for Civil Rights Under Law. Through its suite of hotlines, including the 866-OUR-VOTE hotline (866-687-8683) administered by the Lawyers’ Committee, 888-VE-Y-VOTA (888-839-8682) administered by NALEO Educational Fund, 888-API-VOTE (888-273-8683) administered by APIAVote and Asian Americans Advancing Justice-AAJC and a dedicated team of trained legal and grassroots volunteers, Election Protection helps all American voters, including traditionally disenfranchised groups, gain access to the polls and overcome obstacles to voting. The coalition has more than 100 partners—including Advancement Project, Asian American Legal Defense and Educational Fund, Brennan Center for Justice, Common Cause, League of Women Voters of the United States, NAACP, National Bar Association, National Coalition on Black Civic Participation, State Voices, Rock the Vote and Verified Voting Foundation—at the national, state and local levels and provides voter protection services nationwide. For more information about Election Protection and the 866-OUR-VOTE hotline, please visit www.866ourvote.org.

Houston, TX — With voting in full swing and many counties already reporting record breaking voter turnout in early voting, the Texas Election Protection coalition has been answering voter questions and concerns across the state. With a dedicated call center in Harris County, the coalition has trained over 100 legal and field volunteers who are ready to respond to any issues voters may face.

In the last five hours, over 1,000 calls and email reports have been made to the Election Protection hotline and partners about inaccurate voter ID information; long lines, machine malfunctions, voter registration questions, and reports of intimidation. The Harris County call center fielded over 400 calls alone before 10:30 AM this morning.

Sample of reported information on Election Day:

Harris County

Long lines at multiple polling locations due to voter processing delays, including Fiesta Market on Kirby Drive and MacGregor Elementary School, Houston.

In each of these instances, Election Protection alerted the appropriate election officials and provided a coordinated response to ensure ballots were cast and problems were remedied.

Takcus Nesbit, spokesperson with the Lawyers’ Committee for Civil Rights Under Law, said:

“We’ve seen a number of issues this morning and been overwhelmed with calls. As voters reach out to us or as we hear about issues through our volunteer network, we’ll continue to work to clear up those issues as quickly as possible.”

“In just a few hours, the Texas Election Protection Coalition volunteers have helped over one thousand Texas voters get the information they need to cast a ballot that counts. Whatever the question or concern, we will work with voters and election officials to remedy problems all day. Starting tomorrow, we will be analyzing the data collected to build a better election system in Texas for the future.”

During voting, the Election Protection coalition is encouraging voters to call the toll-free English language hotline, 866-OUR-VOTE. Additionally, Spanish-speaking voters may seek bilingual assistance through the 888-VE-Y-VOTA hotline and Mandarin, Cantonese, Korean, Vietnamese, Tagalog, Urdu, Hindi, and Bengali speakers can use the 888-API-VOTE number.

Election Protection is the nation’s largest nonpartisan voter protection coalition, led by the Lawyers’ Committee for Civil Rights Under Law. Through its suite of hotlines, including the 866-OUR-VOTE hotline (866-687-8683) administered by the Lawyers’ Committee, 888-VE-Y-VOTA (888-839-8682) administered by NALEO Educational Fund, 888-API-VOTE (888-273-8683) administered by APIAVote and Asian Americans Advancing Justice-AAJC and a dedicated team of trained legal and grassroots volunteers, Election Protection helps all American voters, including traditionally disenfranchised groups, gain access to the polls and overcome obstacles to voting. The coalition has more than 100 partners—including Advancement Project, Asian American Legal Defense and Educational Fund, Brennan Center for Justice, Common Cause, League of Women Voters of the United States, NAACP, National Bar Association, National Coalition on Black Civic Participation, State Voices, Rock the Vote and Verified Voting Foundation—at the national, state and local levels and provides voter protection services nationwide. For more information about Election Protection and the 866-OUR-VOTE hotline, please visit www.866ourvote.org.

Col. Frank S. Plummer, World War II, Korean and Vietnam veteran, speaks during the opening moments at a veterans day ceremony at the Veteran’s War Memorial of Texas on November 11, 2015 in McAllen. Photo by Joel Martinez.

The end of the 2016 presidential election may bring relief, but I hope it does not also bring rest. And while Tuesday will mark the end of the election, the day also signals the start of a new administration and with it, new work to do.

Friday is Veterans Day, which serves as a reminder to us of the challenges veterans continue to face, and a call on the new administration — whatever that may look like by Tuesday’s end — to make veteran assistance a priority over the next four years and beyond. Veteran assistance has bipartisan and broad public support; it also offers achievable solutions to addressing the challenges veterans face.

Perhaps unsurprisingly, both the Democratic and Republican party platforms promote support for our veterans. More surprisingly, however, both parties agree not only on the goal of providing support to veterans, but also with many of the means of achieving that goal. The political platforms even do so in arenas in which they typically have starkly differing agendas, such as how to allocate resources to government agencies or seek reform in the criminal justice system.

Both parties, for example, see the shortcomings of the Department of Veterans Affairs, but both also envision ways of strengthening its services. And while the candidates might differ in some of their ideas about privatizing certain healthcare services within the VA, neither proposes scrapping the core function or form of the agency itself. To the contrary, both political platforms call for decreasing wait times and increasing quality of care for those seeking physical and mental health services. Both call for similar improvements to the VA’s efficiency in connecting veterans with disability, education, housing and other benefits to which those veterans are entitled.

Democratic and Republican agendas also align in surprisingly similar ways in regards to assisting veterans who find themselves in the criminal justice system. Both parties have identified Veterans Treatment Courts as a viable and preferable alternative to automatic jail or prison time, particularly for nonviolent offenders who may have committed a crime as a result of an underlying mental health or substance abuse challenge. Both Democratic and Republican agendas also see the value of using diversionary programs to promote rehabilitation rather than incarceration.

In addition to bipartisan support, veteran assistance also has widespread public support. According to a 2013 Pew Research Center survey, 78 percent of Americans believe members of the military contribute “a lot” to the well being of society — more than teachers, doctors or any of the other seven categories of professionals rated in the survey. With such strong public perception of the value that members of the military bring to American society, it only makes sense that we reciprocate that contribution as service members transition from soldier to civilian and acquire veteran status.

We know we have difficult challenges before us: veterans who return with not only physical, but also mental and emotional wounds of war, and an imperfect government agency and criminal justice system for addressing veteran needs.

But we also know we have realistic means for overcoming those challenges: improving VA services, investing in Veterans Treatment Courts, and empowering groups who provide critical support services to veterans and their family members.

Democrat or Republican, for or against a particular war, we can all support our troops abroad and our veterans at home. In the rocky road of politics, it is a rare and brilliant opportunity to find a place of common ground on which to firmly move forward together. Not to seize it would be a communal loss.

As we transition to a new administration, let’s encourage those in office — whoever they may be — to remember to serve those who have served.

Problems with early voting demand greater explanation for Texas’ voter ID law

Austin, TX — Today, the Lawyers’ Committee for Civil Rights Under Law and the Texas Civil Rights Project launched a public education campaign to explain Texas’ voter ID law. The groups’ paid media campaign through Election Day utilizes the Texas Association of Broadcasters’ Public Education Partnership program for nonprofit and government agencies. It includes English and Spanish-language Radio and TV spots in all Texas media markets and targeted digital video ads that will deliver more than 1 million impressions to Texans across the state.

Data and information collected by the Election Protection hotline suggests that much confusion still remains about the recent federal court-ordered changes to the voter ID law. Reports indicate that polling locations in Bexar, Dallas, Denton, El Paso, Hays, McLennan, and Travis Counties, at a minimum, are posting misleading or inaccurate information regarding the need for photo ID to vote. In several cases, voters were almost turned away from the polls due to the law. The Texas Civil Rights Project has already sent a letter to the Secretary of State asking that he take immediate steps to solve the problems of inaccurate information about photo IDs.Additionally, the Mexican American Legal Defense and Education Fund filed a lawsuit last Friday afternoon after attorneys and volunteers visited and documented illegal enforcement of the voter ID law in more than 25 percent of Bexar County’s early voting polling places.

The public education campaign includes 30-second digital video and 30-second radio advertisements in both English and Spanish explaining the requirements for photo ID and what voters can do if they reasonably could not obtain a photo ID. It also directs voters to more information as well as the 866-OUR-VOTE and 888-Ve Y-Vota Election Protection hotline numbers.

“Over the past week of early voting, we have seen confusion and many troubling instances regarding the state’s voter ID law. No voter should be at risk of being turned away at the polls due to last minute changes to the state’s already discriminatory law. Our public education campaign will educate voters throughout the state about the law and arm them with the information they need to cast a ballot that counts during early voting and on election day.”

Maria Peralta, Senior National Coordinator, Lawyers’ Committee for Civil Rights Under Law

“Empowering voters means educating voters about their rights. Based on what we’ve seen since the start of Early Voting in TX, it is clear that there is a need for more accurate information about the expanded voter ID rules. We are excited about this expansive media campaign that will reach voters across the state of Texas. And as always, Election Protection stands ready to help voters with any questions or problems at the polls.”

During early voting, the Election Protection coalition is encouraging voters to call the toll-free English language hotline, 866-OUR-VOTE. Additionally, Spanish-speaking voters may seek bilingual assistance through the 888-VE-Y-VOTA hotline and Mandarin, Cantonese, Korean, Vietnamese, Tagalog, Urdu, Hindi, and Bengali speakers can use the 888-API-VOTE number.

Election Protection is the nation’s largest nonpartisan voter protection coalition, led by the Lawyers’ Committee for Civil Rights Under Law. Through its suite of hotlines, including the 866-OUR-VOTE hotline (866-687-8683) administered by the Lawyers’ Committee, 888-VE-Y-VOTA (888-839-8682) administered by NALEO Educational Fund, 888-API-VOTE (888-273-8683) administered by APIAVote and Asian Americans Advancing Justice-AAJC and a dedicated team of trained legal and grassroots volunteers, Election Protection helps all American voters, including traditionally disenfranchised groups, gain access to the polls and overcome obstacles to voting. The coalition has more than 100 partners—including Advancement Project, Asian American Legal Defense and Educational Fund, Brennan Center for Justice, Common Cause, League of Women Voters of the United States, NAACP, National Bar Association, National Coalition on Black Civic Participation, State Voices, Rock the Vote and Verified Voting Foundation—at the national, state and local levels and provides voter protection services nationwide. For more information about Election Protection and the 866-OUR-VOTE hotline, please visit www.866ourvote.org.

Update on Ivy v. Morath from the Texas Civil Rights Project

Austin, TX — The U.S. Supreme Court issued an order vacating the judgment of the Fifth Circuit Court of Appeals in Ivy v. Morath, TCRP’s case to help deaf Texans get access to driver education so they can obtain driver’s licenses. We believed the judgment was wrongly decided, and we are pleased that the Supreme Court has cleared the way for new plaintiffs to seek accommodations for driver education under the Americans with Disabilities Act without negative precedent standing in their way. We look forward to continuing the fight for the rights of deaf Texans with our dedicated pro bono partners at Sanders Bajwa and Scott Douglass McConnico.

The State’s comments on this case are a complete mischaracterization. This is not a question about federalism but rather about the extent of Texas’ compliance with the ADA.

The Texas Civil Rights Project uses legal advocacy to empower Texas communities and create policy change. In its twenty-five year history, TCRP has brought thousands of strategic lawsuits, defending voting rights, fighting institutional discrimination, and reforming systems of criminal justice. Today — with dozens of high-caliber attorneys and professionals in Austin, Dallas, El Paso, Houston and the Rio Grande Valley, and an extensive network of pro bono counsel and community allies — TCRP is among the most influential civil rights organizations in the Lone Star State.

El Paso, TX — Yesterday, workers and community advocates gathered in El Paso, Texas to announce the launch of the Border Workers United (BWU) partnership, the only dedicated organization in the Texas borderlands fighting for worker justice.

Previously a program of the Texas Civil Rights Project titled the “Economic Justice Program,” the new Border Workers United (BWU) is a nonprofit organization made up of Fuerza del Valle in South Texas and the Labor Justice Committee in El Paso. Dedicated to the development of worker leadership, Border Workers United already has deep roots in the community with a history of winning legal cases against wage theft and labor abuse in an often ignored area of Texas and the country.

Although they are now two separate organizations, TCRP and BWU will continue their history of working together through legal advocacy and community organizing to challenge systemic discrimination and injustice in the Texas borderlands.

Claudia Taylor, Community Organizer with theLabor Justice Committee in El Paso, said:“Border Workers United is committed to fighting with our community to achieve justice and empowerment for workers. We have a long history of working with the Texas Civil Rights Project and our community to recoup lost wages, fight labor abuse, and be the eyes and ears against unlawful employment practices in the Texas borderlands. We are excited to launch into this next chapter of our organization and expand the reach and scope of our work in the Rio Grande Valley and El Paso. Fuerza del Valle and the Labor Justice Committee both have a rich history and will therefore retain their respective names. However, together, we will build a movement of worker families fighting for justice.”

Mimi Marziani, Executive Director for the Texas Civil Rights Project, said:“After many years with the Texas Civil Rights Project, we are excited to see Border Workers United launch into their next steps in El Paso and the Rio Grande Valley. As the “Economic Justice Program,” our attorneys and community organizers helped recoup hundreds of thousands of dollars in stolen wages and fight back against labor abuse.I know that Fuerza del Valle and the Labor Justice Committee will continue their successful work and reach even deeper into communities as the only dedicated organizations fighting for worker rights along the border.”

The Texas Civil Rights Project uses legal advocacy to empower Texas communities and create policy change. In its twenty-five year history, TCRP has brought thousands of strategic lawsuits, defending voting rights, fighting institutional discrimination, and reforming systems of criminal justice. Today — with dozens of high-caliber attorneys and professionals in Austin, Dallas, El Paso, Houston and the Rio Grande Valley, and an extensive network of pro bono counsel and community allies — TCRP is among the most influential civil rights organizations in the Lone Star State.